Regular second appeal regular second appeal No.445 of 2019 (POS) between Smt. Manorama and heirs of Smt. Yogini. The court disposed of the appeal in terms of a compromise petition filed under Order XXIII Rule 3 CPC, which settled a property and possession dispute by agreeing adverse possession in favour of the appellant with payment of consideration.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR. JUSTICE E.S. INDIRESH
REGULAR SECOND APPEAL NO.445 OF 2019 (POS)
BETWEEN
SMT MANORAMA W/O ANANDA HINDU R/AT DOOR NO.2-24-2 ADARSHNAGAR JALLIGUDDE, BAJAL MANGALORE DK.
...PETITIONER
(By SRI SACHIN B S, ADVOCATE)
AND
SMT YOGINI SINCE DECEASED HER LRS 1. SMT.PREMALATHA S HEGDE, W/O SATHISHCHANDRA HEGDE, AGE MAJOR, R/AT ALANKAR HOUSE, AJJARKADU, UDUPI-576 101.
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…RESPONDENTS
(By SRI M VISHWAJITH RAI, ADVOCATE)
THIS RSA FILED U/S. 100 OF CPC., 1908 AGAINST THE JUDGEMENT & DECREE DATED 16.11.2018 PASSED IN R.A.NO. 113 OF 2008 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE MANGALORE D.K., DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 20.06.2008 PASSED IN OS.NO.72 OF 2008 ON THE FILE OF THE Ist ADDITIONAL CIVIL JUDGE (JR DVN) AND JMFC., MANGALURU.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
This appeal is preferred by the defendant challenging the judgment and decree dated 16th November, 2018 in Regular Appeal No.113 of 2008 on the file of I Additional Senior Civil Judge, Mangalore, Dakshina Kannada confirming the judgment and decree dated 20th June 2008 passed OS No.72 of 2008 by the I Additional Civil Judge (Jr.Dn.) at Mangalore, Dakshina Kannada decreeing the suit of the plaintiff. Being aggrieved by the same, defendant has preferred this second appeal.
“ COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 OF THE CIVIL PROCEDURE CODE 1908
The above named appellant and respondents most respectfully submit as follows:
1. The appellant and respondents have settled their disputes amicably with the intervention of their well-wishers under the terms and conditions mentioned hereunder:
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2. it is agreed between the appellant and the respondents that the property covered by the House bearing Door No.2-24(2) situated in the property comprised in Survey No.79/1 of Bajal village of Mangalore Taluk measuring 4.75 cents within Mangalore City Corporation limits is already surveyed jointly by the appellant and the respondents through a competent surveyor and after the survey he prepared the sketch thereof.
3. The respondents who have filed the suit for possession and mesne profits against the appellant on the file of the Hon’ble Court of the I Additional Civil Judge at Mangalore in OS No.72/2008. The appellant herein was unable to appear before the said Court due to unavoidable circumstances. As a result, exparte judgment and decree dated 20.06.2008 was passed against the appellant. On coming to know about the exparte decree, the appellant has filed simultaneously an appeal in RA No.113/2008 on the file of the Hon’ble Court of the I Additional Senior Civil Judge and Mangalore as well as a Miscellaneous Petition in Miscellaneous case No.6/2008 on the file of the Hon’ble Court of the I Additional Civil Judge at Mangalore. The appeal was dismissed by the Appellate Court as per its judgment dated 16.11.2018. As a result, the appellant has preferred the above appeal before this Hon’ble Court.
4. The respondents hereby agree that the appellant is absolute owner of the residential premises bearing Door No.2-24(2) and she has been in
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possession of the said house in the land comprised in Survey No.79/1 measuring 4.75 cents since more than 30 years as her own and the said house stands in her own name. Thus, the respondents agree that the house belongs to the appellant absolutely and they have no right whatsoever in respect thereof.
5. The respondents agree that the property in Survey.No.79/1 measuring 4.75 cents situated in Bajal village of Mangalore Taluk covered by the said house has been in the exclusive and actual possession of the appellant for the last 30 years and thus, she has perfected her right, title and interest in respect of the said property by way of adverse possession. Hence, the respondents do not have any right, title or interest in respect of land covered by the said house and the respondents agree that the appellant has perfected her title in respect of the said land by adverse possession.
6. The appellant has paid a sum of Rs.1,20,000/(Rupees one lakh twenty thousand only) per cent for the land in Survey.no.79/1 measuring 4.75 cents as a goodwill gesture totally amounting to Rs.5,70,000/(Rupees five lakh seventy thousand only) to the respondents on this day itself in the following in the following manner, (i) Rs.1,14,000/- to the respondent No.1 as per DD No.201063 dated 14.12.2020 drawn on Bank of Baroda, (ii) Rs.1,14,000/- to the respondent No.2 as per D.D. No.959648 dated 14.12.2020, drawn on State Bank of India, (iii) Rs.1,14,000/- to the respondent No.3 as per DD No.184028 dated 14.12.2020 drawn on Bank of Baroda, (iv).
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Rs.1,14,000/- to the respondent No.4 as per DD No.184026 dated 14.12.2020 drawn on Bank of Baroda, (v) Rs.1,14,000/- to the respondent No.5 as per DD No.184047 dated 22.12.2020, drawn on Bank of Baroda. The respective respondents have acknowledged the receipt of the said amount and that the appellant shall continue the possession free from all the claims of the respondents. The appellant shall be entitled to get the revenue records mutated in her name on the basis of this compromise petition in respect of the land referred to above.
7. The sketch of the land which covers the house is enclosed herewith. The total extent of the land is 4.75 cents.
8. It is further agreed between the respondents and the appellant that they may be declared as absolute owners of the property measuring 4.75 cents in Survey.No.79/1, Bajal village of Mangalore Taluk.
9. The requisite court fee, a sum of Rs.47,379/- is hereby paid with reference to 3 cents in Survey.No.79/1 Bajal village of Mangalore Taluk on the basis of the guidance value fixed by the Government for payment of stamp duty on conveyance/sale deed, at Jalligudda Road-Interior at the rate of Rs.3,800/- per sq.mtr. which comes to the total tune of Rs.7,33,400/- towards the declaratory relief of adverse possession in favour of the appellant in respect of the said property.
10. Accordingly, a decree relief in respect of adverse possession of the appellant pertaining to 4.75
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cents of land in Survey.No.79/1, Bajal village of Mangalore Taluk may be granted in favour of the appellants. ”
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the trial Court to expedite the drawing of decree and the same is not countered by the learned counsel for the defendants and as such, the submission is accepted. Defendants shall pay the requisite court fee before the trial Court to expedite the drawing of decree.
Appeal accordingly stand disposed of in terms of the compromise petition.
Sd/JUDGE
lnn
MANORAMA W/O ANANDA
YOGINI SINCE DECEASED HER LRS (2. PREMALATHA S HEGDE (1)), SUREKHA D SHETTY (2), PRABHAKAR ADAPA (3), MALLIKA R BHANDARY (4), SHYAMALATHA SHETTY (5))
E.S. INDIRESH
As recorded by the court registry
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